BOARD DATE: 3 April 2014
DOCKET NUMBER: AR20130013108
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests:
a. his reentry eligibility (RE) code be changed from "3" to "1;" and
b. the Global War on Terrorism Service Medal (GWOTSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states:
a. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides that enlisted personnel who are discharged to accept a commission in the Army will be discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 16-1a, and issued a separation code of KGM. The appropriate RE code for SPD KGM is a "1."
b. Executive Order 13289, effective 12 March 2003, recognizes service members performing service in the war on terrorism from 11 September 2001 to a date to be determined.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army (RA) on 21 August 2000. He was trained as a cargo specialist.
3. His DD Form 214 shows he was honorably discharged on 18 December 2002 under the provisions of Army Regulation 635-200, paragraph 16-1a(1), to accept a commission or Warrant in the Army.
4. His DD Form 214 further shows in:
* item 25 (Separation Authority) Army Regulation) 635-200, paragraph 16-1a(1)
* item 26 (Separation Code) KGM
* item 27 (Reentry Code) 3
* item 28 (Narrative Reason for Separation) accept commission or warrant in the Army
5. Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for separation of members from active military service, and the SPD code to be used for these stated reasons. The reason shown for a discharge based on SPD code KGM is "accept commission or Warrant in the Army" and the regulatory authority is Army Regulation 635-200, paragraph 16-1a.
6. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.
* RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated
* RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable
7. The SPD/RE Code Cross Reference Table, dated 1 March 2001, shows that
Soldiers assigned an SPD code of KGM will be assigned an RE code of 1.
8. Army Regulation 600-8-22 (Military Awards) states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his RE code of 3 is incorrect appears to have merit.
2. Evidence shows he was discharged from the RA to accept a commission or warrant in the Army and he was assigned an SPD code of KGM and RE code of 3. Since the governing regulation states that Soldiers assigned an SPD code of KGM will be assigned an RE code of 1, it would be appropriate to correct his RE code.
3. He served a period of qualifying service for award of the GWOTSM. Therefore, his DD Form 214 should be corrected to show this medal.
BOARD VOTE:
___X_____ ____X____ _X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry in item 26 of his DD Form 214 and replacing it with the entry "1" and
b. adding the GWOTSM to his DD Form 214.
__________X_______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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